SANJAY KUMAR Vs. CHIEF EXECUTIVE OFFICER JANPAD PANCHAYAT

JUDGEMENT

(1.) This order shall also govern disposal of W. P. No. 4564/2005(S) as in both the petitions parties are one and the same and the impugned order is also one and the same.

(2.) Being aggrieved by the judgment dated 1-4-2005 passed by the Labour Court, Ratlam in Case No. 176/ID Act/03 Reference, whereby petitioner was reinstated without backwages, the present petition has been filed. In W. P. No. 4564/2005(S) petition has been filed by the employer being aggrieved by the order of reinstatement.

(3.) Short facts of the case are that petitioner was appointed on 30-9-1995 as daily rated employee for a period of 89 days. The services of the petitioner were discontinued w.e.f. 6-12-1999. Upon reference petitioner submitted his claim alleging that the order dated 6-12-1999, whereby the services of the petitioner were discontinued was illegal, no charge-sheet was given to the petitioner, no departmental enquiry was held, respondent worked from 1995 to 1999 regularly uninterruptedly and in each of the year the petitioner worked for more than 240 days. It was alleged that before terminating the services of the petitioner no retrenchment compensation was paid to the petitioner, similarly no notice was issued. It was prayed that order of termination to petitioner be quashed and petitioner be reinstated with backwages. In reply submitted by the respondent it was not disputed that petitioner was appointed on 30-9-1995 as daily rated employee for a period of 89 days. It was alleged that before his appointment it was made clear that the services of the petitioner is purely temporary in nature and the petitioner can be discontinued after completion of the period of 89 days at any time without any notice. It was alleged that in the facts and circumstances of the case petitioner is not entitled for any relief. On the basis of the pleadings of the parties learned trial Court framed the issues, recorded the evidence and directed to reinstate the petitioner without backwages, against which both the parties have filed the petitions before this Court.